The socialite popularly known as KC Luxury, Afolabi Kazeem Michael, has asked Musa Kakaki, a judge of the Federal High Court in Lagos, to withdraw from his ongoing cocaine trafficking trial.
KC Luxury submitted the application through his lawyer, Emefo Etudo, on Monday.
The socialite is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on a 22-count charge involving allegations of conspiring to export 184.5 kilogrammes of cocaine to the United Kingdom (UK) and money laundering.
All three defendants pleaded not guilty to the charges.
On October 28, the court dismissed Michael’s bail application because he failed to provide a medical certificate to support his health concerns.
Earlier, on October 23, the socialite was reportedly brought to the court premises in an ambulance while receiving oxygen.
Reasons for the recusal application
At Monday’s proceedings, Etudo told the court that the record of proceedings did not contain the ruling delivered on October 28 regarding his client’s bail application.
The lawyer explained that his repeated efforts to obtain a copy of the court record for that date from the registry had been unsuccessful.
According to him, he was informed that the judge had yet to sign the ruling, warning that the delay could prevent his client from exercising his right to appeal within the stipulated period.
Etudo also alleged that a reply affidavit submitted by the defence was missing from the court records.
“The record of proceedings did not reflect that any ruling was made on October 28, 2026, by this honourable court,” the counsel ruled.
“And we don’t feel so safe that our evidence, like the reply affidavit that got missing, is safe in the court.”
The lawyer maintained that the inconsistencies in the court records had weakened his client’s confidence in the judicial process.
He further argued that the evidence submitted by the prosecution did not establish any link between the defendants and the alleged offences.
Etudo disclosed that he planned to file another application challenging the adequacy of the prosecution’s evidence but wanted the court to address the recusal request first.
Prosecution dismisses allegations of bias
In his response, Ibrahim Abu, the prosecution counsel, said the matter was scheduled for trial and criticised the defence for failing to explain why the defendant was absent from court.
Abu stated that the prosecution had six witnesses present and was prepared to begin the trial.
“I thought what Chief Etudo would have begun with was to address the business of the day, which is trial. Etudo has not explained to the court where his client is. That is where he should have begun from,” he said.
The prosecution lawyer insisted that the court had treated all parties fairly, describing allegations of judicial bias as serious.
He also pointed out that the trial had not commenced, arguing that the rejection of the bail application alone was not sufficient grounds to establish bias.
‘My client’s health has worsened’
Speaking further, Etudo told the court that his client’s health condition had deteriorated and that the socialite had lost confidence in the judicial process.
The defence counsel challenged the prosecution to verify Michael’s current state of health.
He also explained that his previous experience of losing an ill client while in custody influenced his decision to raise concerns about the risks of keeping the socialite in detention.
Following the proceedings, the judge adjourned the case until November 25, 2026.